DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3283)

QA STEEL FIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL AND INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2019

Application for approval of the QA STEEL FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the QA STEEL FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2019. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the QA STEEL FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The dispute centred around the proposed terms and conditions of employment, as outlined in the enterprise agreement, and whether they complied with the relevant statutory framework. The Fair Work Commission, with its jurisdiction established under the Fair Work Act 2009, was tasked with determining the validity of the agreement.

The central legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval, specifically concerning the coverage of the agreement, the process by which it was made, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider if the agreement was consistent with the objectives of the Fair Work Act, which include promoting higher wages and better conditions, and ensuring a cooperative workplace relations system.

In rendering its decision, the Commission meticulously examined the enterprise agreement, assessing the processes followed in its creation and the provisions contained within it. The Commission found that the agreement was made in good faith and with proper consultation between the employer and the union, adhering to the statutory requirements. Furthermore, the terms and conditions of employment were deemed to be fair and reasonable, aligning with the overarching objectives of the Fair Work Act. The Commission concluded that the agreement met all necessary criteria for approval and was therefore valid.

As a result, the Fair Work Commission approved the QA STEEL FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Civil and Infrastructure Enterprise Agreement 2019. The decision ensures that the agreed terms and conditions of employment are legally binding on the parties involved, providing a clear framework for workplace relations within the specified scope of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established